40
181.
On April 23 and 26, and October 24, 2001, the Community Council of the Cacarica Basin
denounced the logging on its collective territory by Empresas del Darién S.A. in a public communication
178
and before State entities.
They demanded vindication of their fundamental rights to ethnic, social,
socio-economic and cultural integrity, to subsistence, and not to be subjected to forced displacement, to
participation in, and the right to, due process that they submitted were being violated by the Ministry of
the Environment, Living and Territorial Development, CODECHOCO and Madereras del Darién, because
the former tolerate and allow, and the private entity advances, the illegal logging on their collective
179
territories.
182.
On September 7, 2001, the Administrative Court of Cundinamarca issued a tutela
decision protecting the fundamental rights of the River Cacarica Communities to health in conjunction
with the right to life, to tranquility and, inter alia, ordered that the Autonomous Corporation of Chocó
180
comply with the logging suspension order in that area.
This decision was upheld on November 16,
2001, by the Conseil d'Etat, which pointed out that the presence of Military Forces in the area should
respond to a plan "allowing fulfillment of the purpose of lending security to the area and preserving the life
181
and stability of the community faced with violence instigated by illegal armed groups."
183.
On October 17, 2003, when reviewing the tutela decision adopted by the Contentious
Administrative Court of Chocó, the Constitutional Court of Colombia vindicated the fundamental rights to
diversity and ethnic and cultural integrity, to collective ownership, to participation and to subsistence of
the Afro-Colombian communities of the Cacarica river basin threatened by indiscriminate logging in the
plaintiffs' collective territory. It ordered, inter alia, the suspension of the logging until a consultation
182
process had taken place and the logging on their collective territory had been duly regulated.
In the
abovementioned judgment the Court pointed out that:
The 23 communities participating in the Superior Council of the river Cacarica basin, created in
accordance with the provisions of Article 5 of Law 70 of 1993, undergo serious difficulties both from
within and without, which obstruct their community processes and affect the consolidation of their
cultural identity, and relate to disagreements on the administration of the collective territory fundamental characteristics which the commercial exploitation of logs on their land must fulfill, and
in the consequences generated by the displacement and the harassment of all kinds to which they
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were and continue to be the victims.
184.
In its 2006 Report, the United Nations High Commissioner for Human Rights repeated
that "the territories inhabited by Afro-Colombian communities have been seriously affected due to the fact
that they are particularly rich in natural resources and due to their strategic location for illegal armed
groups. Various communities in Chocó have been seriously affected by private exploitation of their
184
collective lands."
178
Annex 1. Constitutional Court, Judgment T-955/2003 of October 17, 2003, p. 9. Annex 15 to the petitioners’
allegations on the merits received on March 10, 2008.
179
Annex 1. Constitutional Court, Judgment T-955/2003 of October 17, 2003, p. 51. Annex 15 to the petitioners’
allegations on the merits received on March 10, 2008.
180
Constitutional Court, Judgment T-955/2003 of October 17, 2003, p. 9. Annex 15 to the petitioners’ allegations on the
merits received on March 10, 2008.
181
Annex 1. Constitutional Court. Judgment T-995/2003 of October 17, 2003, p. 24. Annex 15 to the petitioners’
allegations on the merits received on March 10, 2008.
182
Annex 1. Constitutional Court, Judgment T-955/2003 of October 17, 2003, pp. 92 and 93. Annex 15 to the petitioners’
allegations on the merits received on March 10, 2008
183
Annex 1. Constitutional Court, Judgment T-955/2003 of October 17, 2003, p. 65. Annex 15 to the petitioners’
allegations on the merits received on March 10, 2008.
184
Annex 61. Annual Report on the Human Rights Situation in Colombia, Office in Colombia of the UNHCHR
E/CN.4/2006/9,
January
20,
2006,
Note
12,
Annex
IV,
para.
14.
See.
http://www.hchr.org.co/documentoseinformes/informes/altocomisionado/Informe2005_esp.pdf. Cf. Annex 62. Constitutional Court.
Order 005-2009. Protection of fundamental rights of the Afro-descendant population victims of forced displacement, in the
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